Master Plan for Delhi 2021- Zoning Out Development?

Snigdha Dewal, CCS intern

60% of the construction in Delhi is illegal. Wait, did you say 60%? Are you saying that more than half of the city’s population is living in unauthorised or illegal dwellings, that they are all breaking the law? Yes that’s right, according a survey done by HUDCO as reported in the Tejinder Khanna Committee Report. But surely something’s wrong here, if the laws put the majority of the populace in the violators category. Why were these structures allowed to come up in the first place? Or could it perhaps be that it is the laws themselves that have failed to keep up with the growing population and construction in the city? And why is Delhi still depending on the draconian provisions of a Master Plan that was prepared in 1991 and has already expired its term in 2001?

It is July of 2006 and there is still no sign of the MPD 2021 being finalised and released in the near future. The first draft of the plan came out as long ago as March 2005, and after the expiration of the requisite 90 day period for public scrutiny, the plan should have been redrafted, finalised and implemented long ago. But as with most govt. operations it seems now that this plan too shall be brought in at the last minute, without proper research and review. The Supreme Court is breathing fire down the govt’s neck for failing to honour its verdict and for failing to bring out the new plan on time. And the residents are agitating all the while for a respite from the threat of demolitions that seem to hang over their heads all the time. The fact is that according to the existing plan provisions most of these structures are in violation of the zoning laws of the city. Either they are operating commercial establishments in residential areas or they have built in excess of what is allowed or they are built on unauthorised vacant lots, which might be coming under agricultural or village areas. But what are these zoning regulations that seem to be playing havoc with the live of so many?

Zoning regulations (or development controls as they are referred to in the Master Plan), govern what uses can be established in various parts of the city, which is divided into the so called "zones". If you want to open or expand a shop or conduct business in the city, you should first find out from the MCD or the NDMC where such business can be conducted or if expansion is allowed. Delhi is divided into 10 use zones including residential, industry, commercial, public and semi-public facilities, green belts etc. and each of these zones is reserved for that specific use. So you would be breaking the law if you felt like opening a shop or some kind of small manufacturing unit within your home. Zoning regulations also govern sizes and shapes of buildings. Different parts of the city have different regulations that limit how big a building can be or how much can be added to an existing building.

Zoning regulations limit the number of dwelling units or apartments that can exists on a property. If you are planning to add living area or new facilities to your house, you have to first find out from the authorities if this is allowed in your zone and what other requirements accompany this activity. If you want to add another floor to your house, you might just be told you cant because it would exceed the permissible development code guideline for dwelling units. Zoning regulations govern a number of activities that you may not have thought about such as requiring the accommodation of car parking off of the street in relation to the size or use of the constructed structure. Or else the payment of conversion charges for putting your house to a mixed use or working from home.

As is obvious a lot of what you do on your private land is governed by zoning. It is true that not all zoning is bad, some amount of regulation and control is certainly needed to ensure the safety and well being of the citizens, to protect the environment and to prevent people from being a nuisance to their neighbourhood. But how much of such control is needed, because zoning has its flipside too. It could be argued that the planners should only be responsible for the maintenance of public spaces. They should not interfere in the functioning of private residential areas or even privately owned commercial spaces. The residents of an area best understand their needs and should be left free to decide their plans of construction and management and disposal of their properties. It is the market forces of demand and supply that should be allowed to determine what is the most appropriate use of land. If there is a margin for profit and if there is demand by people for having a commercial establishment like a restaurant or a boutique within a residential area, the people should be well within their rights to allow for the development of the same.

Another significant drawback of zoning and development controls, besides it being an infringement on the right to private property, is its impact on housing development and its pricing. The inevitable outcome of these regulatory constraints is that a large and increasing proportion of urban land development in the city is being undertaken outside the formal, officially sanctioned process. Studies have estimated that delays caused due to land use regulation tend to increase housing costs by almost 20%. Moreover zoning causes a supply bottleneck in the construction of new structures and the expansion of existing ones despite there being a rising demand for both more commercial and residential space in the city. As a result real estate prices have been sky rocketing.

The MPD 2021 was supposed to address these very problems, to come up with a more flexible and decentralised zoning policy. But a quick glance at the draft shows that not much has been changed. The development controls remain almost exactly similar to those in MPD 2021. There is no clear policy on the mixed use of residential land. There is no attention paid to developing a policy on high rise residential units within the national capital territory of Delhi keeping in mind the rising demand for houses. The Tejinder Khanna Committee Report has given a set of guidelines after a detailed review of the situation and in depth talks and suggestions from residents, shop owners, RWAs etc. It is on the basis of these that the new plan policy must come up. As Jane Jacobs said “It is futile to plan a city’s appearance, or speculate on how to endow it with a pleasing appearance of order, without knowing what sort of innate, functioning order it has.” The new plan must take into account the voice of the people whose life and livelihood are tied to this city. At this stage, a committed and honest self-appraisal by the DDA and a clear and inclusive development plan is the need of the hour for the capital city.